What Is a Litigation Lawyer? What They Actually Do, What They Cost, and When You Need One
A litigation lawyer - a litigator - represents one side in a lawsuit, civil or criminal, from the first complaint through discovery, motions and (rarely) trial. The word sounds like courtroom drama; the reality is that almost everything settles. Here is what litigators actually do all day, what they charge, and how to tell when you need one.
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Reviewed by Leonard Goldberg, Editor · Last updated
What a Litigation Lawyer Actually Does
A litigator manages an adversarial dispute through the court system: drafting and answering pleadings, running discovery (depositions, interrogatories, document production), filing and opposing motions (to dismiss, for summary judgment), negotiating settlement, and - in the small minority of cases that get there - trying the case and handling the appeal.
The contrast is the transactional lawyer, who drafts contracts and closes deals but does not appear in court. And within litigation, some draw a line between a litigator (runs the whole pretrial case) and a trial lawyer (actually tries cases to juries) - a real distinction, because many litigators go years without a jury trial.
Case Details
Any licensed attorney may litigate in the courts where they are admitted. An added signal of genuine courtroom experience is board certification in trial advocacy - the National Board of Trial Advocacy, for example, requires at least 45 trial days, a 30% practice concentration over three years, a written exam and recertification every five years.
The Reality: Almost Nothing Goes to Trial
When You Need a Litigator - and When You Don't
You likely need one when you have been sued, when a demand letter failed, when the amount at stake justifies fees, or when the other side has counsel.
You may not need one when the dispute fits small-claims court (designed for self-representation), when a mediator can resolve it - a mediator is a neutral, not your advocate - or when a single demand letter from any attorney would do. Many litigators also represent clients in mediation and arbitration, which is often the cheaper path to the same endpoint.
What Litigation Costs
Life of a Civil Lawsuit
- 1
Pleadings
Complaint, answer and any counterclaims frame what the case is about.
- 2
Discovery
Depositions, interrogatories and document exchange - usually the longest and most expensive phase.
- 3
Motions
Motions to dismiss and for summary judgment can end the case before any trial.
- 4
Settlement or Mediation
Where the overwhelming majority of civil cases actually end.
- 5
Trial and Appeal
Reached by roughly 1 in 100 federal civil cases; appeals add months or years more.
Common Misconceptions
Three assumptions that cost clients money:
'Hiring a litigator means we're going to trial'
Well over 9 in 10 civil cases resolve before trial. Litigation strategy is mostly about building settlement leverage, not picking a jury.
'Any lawyer can handle my lawsuit'
Transactional lawyers rarely litigate, and litigators without trial experience may under-price or over-settle a case that needs a credible trial threat. Ask about actual trial history or board certification.
'The hourly rate is the price'
Discovery costs, expert fees and billing increments drive the real total. Get the engagement letter's scope, rates and cost-handling in writing before you sign.
Litigation Lawyer - FAQ
What is a litigation lawyer in simple terms?
An attorney who handles lawsuits - representing plaintiffs or defendants from the initial complaint through discovery, motions, settlement talks, trial and appeal - as opposed to a transactional lawyer, who handles contracts and deals outside court.
Is a litigator the same as a trial lawyer?
Often used interchangeably, but strictly a trial lawyer actually tries cases before juries, while a litigator manages the whole pretrial process - and because so few cases reach trial, many litigators rarely see a jury.
Do most lawsuits go to trial?
No - roughly 1% or less of federal civil cases reach trial; the rest settle, are dismissed, or end on motions. The share has fallen steadily from about 11% in 1962.
How much does a litigation lawyer cost?
The 2025 national average hourly rate was $349 (Clio Legal Trends Report), varying widely by market and firm size. Personal-injury plaintiffs usually pay by contingency instead - a percentage of the recovery, nothing upfront.
How long does civil litigation take?
The median federal civil case resolves in about 7 months, but contested cases heading toward trial commonly take two years or more, with large differences between court districts.
Do I need a litigator or a mediator?
A litigator advocates for your side; a mediator is a neutral who helps both sides settle. For lower-stakes disputes, mediation or small-claims court is often faster and far cheaper - and litigators can represent you inside mediation too.
How do I judge whether a litigator is good at trial?
Ask for actual trial history - cases tried to verdict, not just filed - and look for credentials like National Board of Trial Advocacy certification, which requires documented trial days, a practice-concentration threshold and a written exam.
Separate from this case: were you injured in the last 2 years?
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